(Download) "United States v. Warneke" by Seventh Circuit U.S. Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: United States v. Warneke
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 09, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Argued November 9, 1999 In May of 1997, 17 alleged members of the Outlaws Motorcycle Club were indicted on, among other things, racketeering charges. The indictment listed 34 predicate acts of racketeering activity, including allegations of robbery, murders, arson, drug distribution, and transportation of explosives in interstate commerce. The three defendants on this appeal--Carl Warneke, Harvey Powers, and Allen McVay--were among the indictees. Most of the defendants, including our three, were ordered into detention when arrested soon after the indictment was returned. But no trial was held. The indictment was dismissed 17 months later in October of 1998 by Chief Judge J.P. Stadtmueller. Because the dismissal was based on technical grounds that were easily curable, the Judge ordered the defendants to remain in custody for a short time (not to exceed 30 days) pending the return of a superseding indictment. As expected, the defendants were re-charged when a superseding indictment was handed up in November of 1998. The new indictment was virtually identical to the one it replaced. When the superseding indictment was returned, 12 of the original defendants, including our 3, had been in custody for all 17 months that the case was pending. Subsequently the defendants moved to dismiss the superseding indictment, claiming that their constitutional rights against double jeopardy were violated. They argued that the time spent in custody before the return of the second indictment was punishment, and therefore the Double Jeopardy Clause prevented the government from punishing them again through the return of the superseding indictment and their continued detention.
 "United States v. Warneke" by Seventh Circuit U.S. Court of Appeals " Book PDF Kindle ePub Free){kind=link}